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Grandparent Visitation
An emerging part of family law addresses the rights of grandparents and other third parties (such as family members, i.e. uncles and aunts) in child custody and visitation cases. It also involves parents defending their ultimate right to custody against other family members who are involved in a family court dispute. The attorneys at Goldberg...
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J.L.R. v. A.L.A., et al. Madison Circuit Court On July 22, 2020, Grandparents of the Child in this matter initiated filed a “Verified Petition for Termination of Parental Rights and Adoption.” After conducting an evidentiary hearing, the family court entered a finding of facts and conclusion of law alongside a “Judgement of Termination of Parental...
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Burgess v. Chase Hardin Circuit Court Grandmother moved to intervene in custody action between Mother and Father, requesting to be considered Child’s de facto custodian and be awarded custody of child. At the hearing on the matter, Grandmother introduced evidence that she provided the majority of care and support of Child with her in Kentucky....
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Pink Piggy Bank
Kentucky statute provides for grandparent visitation on quite limited grounds. In 2020, KRS 405.021(1)(b) and (c) were found to be unconstitutional, thus leaving intact only KRS 405.021(1)(a) and KRS 405.021(3) as the only potential avenues for a grandparent to obtain visitation. Pinto v. Robison, 607 S.W.3d 669, 671 (Ky. 2020). KRS 405.021(3) allows a grandparent...
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Shot of a confident senior woman looking thoughtful outdoors
Blackaby v. Barnes Shelby Circuit Court Questions Presented: Grandparent visitation. Adoption. Under circumstances involving a maternal grandmother’s adoption of a child which was being contested by the father at the time of his death, with no notice to the paternal grandfather of either the adoption proceeding or the possibility that ongoing visitation would not continue,...
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Grandparent
S.B. v. Cabinet for Health and Family Services, Com. Jefferson Family Court After cannabinoids and opiates were detected in Child’s system after birth, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse petition, resulting in Family Court ordering a treatment plan for her parents. Mother soon after died, and...
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In 2012, the Supreme Court of the United States limited third-party (often grandparent) visitation rights in Troxel v. Granville: A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that...
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KRS 405.021(1)(b) and (c) of Kentucky’s grandparent visitation statute is violative of due process on its face because it permits a grandparent to prove a significant and viable relationship by a preponderance of the evidence rather than the clear and convincing standard required under Walker v. Blair. The statute also fails to accord the parent’s...
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Grandpa and Baby
Hartlage v. Hartlage   Paternal Grandparents filed a petition for grandparent visitation of fourteen-month-old Child after the death of minor Child’s biological Father. Biological Mother objected to Paternal Grandparents exercising visitation asserting that Paternal Grandparents were not involved in minor Child’s life prior to Father’s death, had limited contact with the child since Father’s death,...
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Toddler Holding Hand
Blackaby v. Barnes   Child was born to Mother and Father. Maternal Grandmother petitioned Family Court for adoption of Child, to which Mother consented. Father contested the adoption, but he died before completion of Child’s adoption proceedings. On October 23, 2017, Family Court entered a judgment of adoption. Paternal Grandfather petitioned Family Court for grandparent...
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